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HomeMy WebLinkAboutZBA-08/10/1961SDUTHIDLD, L. I., N. TcJcphon¢SO526e0 APPEAL BOARD MEMBERS Rob~r! W, Gillispi¢, Jr., Chairman Robert Bergen Hcrbcr~ Roscnberg Charles Gr¢~oni% ,Jr. $¢r~¢ Doy~n~ Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS August 10, 1961 A regu~r meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, August 10, 1961 at the Town Clemk Office, Main Road, Southold, New York. There were present: Messrs. Robert~W. Gillispie, Jr., Chairman, Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr., and Serge Doye$ Jr. PUBLIC PIEARING: Appeal No. 403 - 7:30 P.M. (E.D.S.T.)~ upon application of Joseph Vojick, 25 Carleton Avenue, East Islip, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce side yard on property located on the east side Inlet Lane, Greenport, New York, bounded north by Manhasset Avenue, east by Gull Pond Inlet, south by Esther Newman, and west by Inlet Lane. Fee paid $15.00. The Chairman opened the hearing by reading application for a varlance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. Sout~old Town Board of Appeals -2- August 10, 1961 THE CHAIRMAN: Mr. Rosenberg and I went down and looked at this property the other day and I think we can see the problem. Is there anyone present who wishes to speak for this appli- cation ? MR. KENNET~ MERRILL, Greenport, New York: It is just as stated in the application. Mr. Vojick owns about 200 feet from the Newman line to Manhanset Avenue. The property on the south side of the lot where he wants to put the addition is filled and there is a driveway. On the north side of the lot it is slightly filled in and is easily flooded. The house to the south of this lot is built on the most southerly side of the 100 ft. lot therefore this addition will not interfere~ This property was all marsh and meadow and it was filled. As it is, the oil burner in the addition will have to be put up on blocks because the property is so easily flooded. the chairman: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are you going to elevate the floor of the garage as compared with the ground level now? MR. MERRILL: I have been trying to talk Mr. Vojick into that~ however he has other ideas. This appeal No. 403 is for a variance to reduce the southerly side yard by 2 feet. After investigation and inspection the Board finds t~ t this residence is located on what was formerly the only high ground on this property. Subsequently the meadow section which comprises the ma3or part of the lot was partially filled. At very high tide the entire lot with the exception of the knoll where the house is located is flooded. The ~pplicant seeks a variance so that he may construct a garage and shower room and utility room attached to the southerly side of his dwelling. Southold Town Board of Appeals -3- August 10, 1961 This is a unique situation and in the opinion of the Board an unnecessary hardship~ would be created if the appeal were denied, as practical difficulty would enter into the situation as on any other site the structure would necessarily be elevated beyond a usable floor level. The adjoining residence is a considerable distance away and the character of the neighborhood would not be changed. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Joseph ~ojick be granted permission to reduce southerly side yard of property on Inlet Lane by 2 feet, leaving an 8 ft. ~utherly side yard. Vote of the Board: Mr. Rosenberg. Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. William Wickham, Esq. appeared before the Board of-Appeals for an informal discussion relative to the A. L. Downs Est. property on Peconic Bay Boulevard. There is 390 ft. on the Boulevard by 297 ft. on the rear line. If the property were divided into four lots they would each be 97½ ft.~ividing them equally, or there would be 3 100 ft. lots and one 90 ft. lot. Each of these lots would have well over 12,500 sq. ft. because they have sufficient depth. The Board of Appeals advised that the property should be divided into three 100 ft. lots and a variance applied for on the 90 ft. lot. Mr. Wickham next spoke to the Board relative to Lot No. 81 on the map of C. H. Wickham owned by Mr. VanDerBeck. In 1956 Mr. VanDerBeck entered into a contract with Mr. Wickham to purchase Lot No. 81 which is undersized, at at this time the last payment has been made on this lot and Mr. VanDerBeck is ready to take title. Mr. Wickham wished to know if Mr. VanDerBeck could secure a building permit on this undersized lot. The Board stated that it is a m~tter for the building inspector to decide. The Building Inspector stated he would give him a permit but there is a question as to whether a permit for the well and cesspool could be secured from the Health Department. Southold Town Board of Appeals -4- August 10~ 1961 PUBLIC P/EARING: Appeal No. 404 - Upon application of Chester Orlowski, a/c Edward Wenz, Vanston Road, Nassau Point, Cutchogue~ New York, for a variance in accordance with the Zoning Ordinance,' Article III~ Section 300, Subsectio~ 7, for permission to reduce setback for detached garage. Location of property: Vanston Road and private road, Cutchogue, New York, Lot No. 199 on Map of Nassau Point Club Properties. Fee paid $15.00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Mr. Rosenberg and I went up there and looked at the property a couple of days ago and I think we are fairly familiar with it. Wunnewata Road is not a Town road. The Town would not take over a road that is 25 ft. It was a little hard to tell where the road line was when we were there, the poles apparently are more or less on the border of the right-of-way. It appeared to us as though you had started construction on what apparently is going to be a double garage with an attached additional storage room. In the appl~- cation you say that the closest point is 15 ft. from the driveway? MR. CHESTER ORLOWSKI, Pequash Avenue, Cutchogue, New York: The front end of it. THE CHAIRMAN: And the house is 30 ft.? MR. ORLOWSKI: Yes~ I taped it from the pole line. THE CHAIRMAN: Would you have any way of know whether the pole line is correct? MR. HO~FARD TERRY: There is a monument very close to the pole. MR. ED~ARDWENZ, Vanston Road~ Cutchogue, New York: I think it is embeded right in back of the pole. THE CHAIRMAN: There is one dimension that seems to be a little bit different than the tax map. On the drawing you show 70 ft. on Vanston Road and 100 ft. on the rear line. On the tax map it is 120 ft. on the rear line. MR. ORLOWSKI: I did not have the map. THE CHAIRMAN: When we were there there was a line attached to the trees in the rear, what was that for? Southold Town Board of Appeals -5- August 10, 1961 MR. WENZ: Those were the lines that I had put up and ir~nded to have a retaining wall built to that point. However, Mr. Orlowski felt that he should save some of the trees and he put the retaining wall somewhat forward. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ORLOWSKI: I don't see where there is any hardship where we want to put the garage. We didn't realize it was a private right-of- way where the roadway was, I thQught it was just a driveway~ just a dirt road. THE CHAIRMAN: It is shown as a road on the original map of Nassau Point Club Properties. MR. ORLOWSKI: I came in to see Mr. Terry before I started and Mr. Terry said we could set the garage in the corner of the property and we even kept it away from the corner. It is 6 to 8 ft. away. We then bulldozed the dirt and pushed it where the garage was going. We filled it in 6 to 8 ft. After we had started Mr. Terry came down and said he thought it was a road in the Nassau Point Club Properties rather than a private right-of-way or driveway. MR. HOWARD TERRY: It may be somewhat my fault. When Chet spoke to me I did not look at the map and he said it was a private road off Vanston Road and I said sure he could put the garage 3 ft. off the private road way. When I was making my rounds I saw it was a private road on the Nassau Point map. THE CHAIRMAN: Even a private road is a determining factor of what is the front, rear or side yard. You have two front yards on this property. There are no houses across the street now but there are four lots and there is a residence in the back that is affected by the position of this garage. MR. ORLOWSKI: Mr. Wenz spoke to the neighbor in the rear and he is in favor of the garage where it is. It does not obstruct him. MR. WENZ: At the time I made purchase of this home in October 1960 Mr. Luce the real estate man told me I was permitted to put up a garage and I was told I could put it up to 10 ft. from the road. I had Mr. Orlowski inquire if I could put the garage where the foundation now lies. I had asked Mr. Fleming and the Auerbacks and they assured me they had no objection whatever. The main reason I Southold Town Board of Appeals -6- August 10, 1961 purchased this property is because I wanted to erect a garage in this spot and I was assured I could do it. MR. TERRY: Mr. Wenz, is it true that neither the real estate agent nor attorney told you that this was a corner lot? MR. WENZ: I do not recall If they had~ I do not remember. I was told I could go up to 10 ft. to the road with an addition on the house. THE CHAIRMAN: The garage must be in the rear yard area if it is detached. Your front yard on the private road is 30 ft. as established by the house. This 30 ft. might be used to justify reducing the 50 ft. setback to 30 ft. (The Board discussed with Mr. Wenz and Mr. Orlowski another location for the garage, or the possibility of setting the garage at a different angte.~ After investigation and inspection the Board finds that the residence constructed some years ago is located on the far end of this irregular shaped lot - a corner lot having two street frontages - 70 feet on Vanston Road and 325 feet on Wunnewata Road. The Ordinance requires a 50 foot setback on each street frontage. The residence is located about 30 feet from the property line on Wunn~ewata Road. The Board finds it would be a practical difficulty to require the strict adherence to the letter of the Ordinance which requires a 50 foot setback at this point, as the contemplated garage would inhibit access to the rear yard of the existing dwelling. Kith a reduced setback access from the narrow road would be possible and would not interfere with adjacent properties or future construction. The unusual shape of the lot and the location of the residence at the far end is unique and the type of garage and its contemplated location would not change the character of the neighborhood. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Chester Orlowski, a/c Edward Wenz be granted permission to reduce setback of detached garage to no less than 30 feet from the property line on Wunnewata Road and not less than 3 feet from the rear property line. The garage is to be located on the northwesterly corner of the lot not further than 60 feet from the north boundary. Southold Town Board of Appeals -7- August 10, 1961 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the minutes of the meeting of August 3, 1961, be approved as submitted. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of ~r. Bergen, seconded by M_r. Rosenberg, the Board of Appeals set 7:30 P.M. (E.d.S.T.) Thursday, August 24, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing application of Thomas Jurzenia, Silvermere Road, Greenport, New York, for a specia~ exception inaccordance with the Zoning Ordinance, Article IV~ Section 408, for permission to erect and maintain a direc- tional sign on the northeast corner of property of George Telles, ~ south side Route 25, west of Greenport, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, the Board set 8:00 P.M. (E.D.S.T.), Thursday, August 24, 1961~ Town Clerk Office, Main Road~ Southold, New York, as time and place for hearing upon application of Grumman Aircraft Eng. Corp., South Oyster Bay~Road, Bethpage, New York, for a variance in accordance with the Zoning Ordinance,~ Article III, Section 300, for permission to use property for a temporary restricted installation. Location of property: private road north side of land of B. D. Latham Estate, Orient~ New York. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be published in the official newspaper on August 18, 1961. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -8- August 10, 1961 The Board was advised that the Anhual Town Board trip to Fishers Island will be held Tuesday, August 15, 1961. A joint meeting between the Southold Town Board, Planning Board and Board of Appeals will be held 7:30 P.M., ~ednesday~ August 16, 1961 at the Town Clerk Office, Main Road, Southold, New York. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday~ August 24, 1961 at the Town Clerk Office, Main Road~ Southold, New York. Meeting adjourned at 10:00 P.M. Respectfully submitted, tary